Vick v. USP Marion et al
| Delanio Maurice Vick |
| USP Marion, Federal Bureau of Prisons, Warden Sproul, Assistant Warden LeClair, Assistant Warden Soza, Captain Davis, C/O Muller, Lt. Mitchell, Schneider, C/O Masters and C/O Smillie |
| 3:2022cv00223 |
| February 7, 2022 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 17 Initial Prisoner Filing Fee: $ 55.12 received, receipt number 34625112216 (adh) |
| Filing 16 Consent Form - IFP Proceedings by Delanio Maurice Vick. (jaj) |
| Filing 15 Prisoner Trust Fund Account Statement. (jaj) |
| Filing 14 Letter from Plaintiff to the Court. (jaj) |
| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
Filing 12
ORDER Directing Monthly Payments be made from Prison Account of Vick, granting #7 MOTION for Leave to Proceed in forma pauperis filed by Delanio Maurice Vick. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Marion United States Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Marion United States Penitentiary. Signed by Judge Stephen P. McGlynn on 3/9/2022. (tjk)
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| Filing 11 Prisoner Trust Fund Account Statement by Delanio Maurice Vick. (jaj) |
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Filing 10
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #7 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 8/1/2021 to 2/7/2022 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion United States Penitentiary. (Trust Fund Statement due on or before 4/18/2022). Signed by Judge Stephen P. McGlynn on 3/3/2022. (tjk)
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| Filing 9 AMENDED COMPLAINT against All Defendants filed by Delanio Maurice Vick.(jaj) |
| Filing 8 AMENDMENT by Delanio Maurice Vick to #1 Motion for Preliminary Injunction. (jaj) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Delanio Maurice Vick. (jaj) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 5 NOTICE: Plaintiff was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 3/7/2022 (jaj) |
| Set/Reset Deadlines: Amended Complaint due by 3/11/2022. (kare) |
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Filing 4
ORDER denying #1 Motion for Preliminary Injunction. On February 7, 2022, Plaintiff filed what the Court construes as a motion for preliminary injunction requesting the Court to issue a cease and desist order against USP Marion and the Federal Bureau of Prisons and asking the Court to compel these entities to answer allegations in the motion. (Doc. #1 ). The Federal Rules of Civil Procedure provide that "[a] civil action is commenced by filing a complaint with the court." Fed. R. Civ. P. 3. No complaint has been filed in this case, and "an action is not commenced by...filing a motion with the court..." James Wm. Moore et al., Moore's Federal Practice 3.02 #1 (Matthew Bender, 3d ed. 2020). Although pro se litigants are not held to the same standards as licensed attorneys, they are not entitled to general dispensation from the rules of procedure. See Kyle v. Patterson, 196 F.3d 695, 697 (7th Cir. 1999); Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994). Therefore, the motion is DENIED. To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including exhibits, by March 11, 2022. Failure to comply with this Order shall result in the dismissal of this action. See Fed. R. Civ. P. 41(b). If Plaintiff still seeks a preliminary injunction after filing a complaint, he must file a new motion. The Clerk of Court is DIRECTED to send a blank civil rights complaint form to Plaintiff to assist him in filing a complaint. Signed by Judge Stephen P. McGlynn on 2/9/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 Letter from USDC/SDIL to Plaintiff informing him of case number and filing fee requirements. (Attachments: #1 Motion to Proceed IFP) (jaj) |
| Filing 2 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 2/7/2022. Consent due by 2/28/2022 (jaj) |
| Filing 1 MOTION for Preliminary Injunction by Delanio Maurice Vick. (jaj) |
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